A Theory of Constitutional Rights

Robert Alexy Julian Rivers

A classic work of constitutional theory presenting an influential account of the nature and scope of constitutional rights

Includes an extensive discussion of the German case law on constitutional rights, of value to comparative constitutional lawyers

Explores the implications of the general rights to liberty and equality enshrined in the German constitution, offering political theorists an example of fundamental political rights in practice

A Theory of Constitutional Rights

Robert Alexy Julian Rivers

Description

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication.

In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

A Theory of Constitutional Rights

Robert Alexy Julian Rivers

Table of Contents

Preface A Theory of Constitutional Rights and the British Constitution, Julian Rivers1. The Content and Purpose of a Theory of Constitutional Rights, Robert Alexy2. The Concept of a Constitutional Rights Norm3. The Structure of Constitutional Rights Norms4. Constitutional Rights as Subjective Rights5. Constitutional Rights and Legal Status6. The Limits of Constitutional Rights7. The General Right to Liberty8. The General Right to Equality9. Rights to Positive State Action10. Constitutional Rights and Constitutional Rights Norms in the Legal SystemPostscript

A Theory of Constitutional Rights

Robert Alexy Julian Rivers

Author Information

Robert Alexy has been Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, since 1986. He was President of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR) from 1994-1998. Other books published by OUP include A Theory of Constitutional Rights and the Argument From Injustice.